Kumasi, Aug.02, GNA - A Kumasi Fast Track High Court has placed an interim injunction to restrain the executive of the Bekwai Constituency of the New Patriotic Party (NPP) from holding office. This followed an application filed by Mr Victor Duah and Mr Annor, challenging the circumstances under which the elections were conducted to elect them into office.
The court presided over by Mr Justice K. Adu-Ampomah, said the granting of the interim injunction against the executive was to show respect to the legal rights of the plaintiffs. It said a prima facie case had been established that the former executive of the NPP in the constituency did not wait for the statutory seven days' stay of execution to elapse after an order of certiorari had been granted by a Kumasi high court before they conducted the election that brought in the current executive to office. This, according to the court had not been denied by the respondents, hence the granting of the interim injunction. That demonstrated that the defendants had trampled upon the legal rights of the plaintiffs and there was the need to protect their rights. "The respondents, as the constituency executive, have and could exercise powers that might not only be detrimental but also prejudicial to the applicants in their pursuit of their rights that has prima facie been trampled upon.
In 2005 the plaintiffs filed an order at the Bekwai circuit court to restrain the Bekwai constituency executive of the NPP from holding the constituency election.
However, a high court in Kumasi issued an order of certiorari to quash the circuit court's order granting the interim injunction and issued an order of prohibition to prevent the circuit court from further hearing of the suit.
The executive then organised the constituency elections that same day to elect the current executive into office.
This, the plaintiffs found unsatisfactory and therefore filed a motion at the Fast Track High court to seek the court's order to restrain the elected executive from holding office, since in their view proper procedures were not followed.
